Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3008

Grant of administration—notice of intention of creditor to apply to be served on domestic partner and next of kin

    (1)     This rule applies to an application for grant of administration of the estate of a deceased person made by a person as a creditor of the deceased person.

    (2)     At least 14 days before the day the application is filed, the applicant must serve notice of the application, and a copy of the supporting affidavit to accompany the application, on each person (a relevant person ) who—

        (a)     is a domestic partner or next of kin of the deceased person; and

        (b)     if the person is a next of kin of the deceased person—is an adult; and

        (c)     is not the applicant or 1 of the applicants; and

        (d)     has not consented to the application.

Note 1     See approved form 3.10 (Consent to administration of estate) AF2006-338

.

Note 2     For the meaning of domestic partner , see the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 169.

    (3)     For each relevant person, either—

        (a)     the application must be accompanied by the consent, by affidavit, of the relevant person to the application; or

        (b)     the supporting affidavit for the application must state that the relevant person

              (i)     has been served with notice of the application, and a copy of the supporting affidavit to accompany the application, in accordance with subrule (2); or

              (ii)     cannot be found.



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